A recent decision in Byrd v. Primoris Services Corp. highlights how courts evaluate discovery disputes, expert-witness challenges, and third-party subpoenas in employment litigation. The Northern District of Texas denied three separate motions: the plaintiff’s motion to compel, the defendant’s motion to exclude expert testimony, and the plaintiff’s motion to quash a subpoena served on a non-party witness. The court found that Primoris had already produced all documents responsive to one request and that two additional requests were overbroad and only marginally relevant, seeking nine years of discrimination complaints and HR investigations. Because both sides’ positions were substantially justified, the court also declined to award attorneys’ fees.

The court further rejected Primoris’ attempt to exclude the plaintiff’s HR-practices expert, concluding that his opinions were both helpful and reliable under Rule 702. The expert’s analysis of HR protocols, pre-termination practices, and investigative procedures was deemed relevant to assessing whether Byrd’s termination aligned with standard employment practices. The court emphasized that concerns about the expert’s document review or potential bias go to weight, not admissibility, and are properly addressed through cross-examination.

Finally, the court denied Byrd’s motion to quash a subpoena directed to a third-party witness, holding that Byrd lacked standing because she had no personal right or privilege in the requested communications. Even if she had standing, any privilege was waived when communications were shared with a non-party. The subpoena therefore stood.

For eDiscovery teams, the decision reinforces several core principles: discovery requests must be proportional and tailored to the claims at issue, expert challenges must focus on reliability rather than disagreement with conclusions, and privilege protections do not extend to communications shared with third parties. Courts will continue to scrutinize overbroad requests and privilege assertions while preserving access to relevant evidence.

Reach out to Caitlin Oyler, Counsel at CODISCOVR. Caitlin has over a decade of experience providing high-level advice to clients regarding all phases of the eDiscovery life cycle and managing high-profile document collections, reviews, and productions.